Shell Oil Co. v. Henry Ouellette & Sons Co.

227 N.E.2d 509 (1967)

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Nature of the Case

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Facts

Ouellette owned 100 acres of land in Methuen. By a 1962 deed, Ouellette conveyed 20 acres of this land to trustees with the deed restriction that the land would not be used for a supermarket (stated on note 63 Casner 3rd 1007). The trustees conveyed part of the land to Shell, and then Shell conveyed to Stafac. Stafac leased the premises back to Shell. Shell then constructed an auto service station. In February 1965, Ouellette then granted an option to Mobil to buy part of Ouellette's remaining land for the construction of a gasoline service station. Shell notified Mobil of the 1962 restriction and claimed that benefit for Shell.